"DEVIANTART.COM MANGA.COM FAN ART CONTEST" – OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
- Contest: DEVIANTART.COM
MANGA.COM FAN ART CONTEST ("Contest")
will occur during the period May 8, 2009 through June 7, 2009 ("Contest
Period"). The Contest is sponsored by Starz Media, LLC ("Sponsor")
who is solely responsible for all aspects of this Contest. The Contest consists
of you submitting a copy of your anime artwork (in jpeg format, limited to 2MB
and must not exceed 800x800 pixels in size at 72dpi) via the Contest website
located at http://www.manga.com/content/deviantartcom-mangacom-fan-art-contest ("Website").
By entering the Contest, you (sometimes referred to herein as "you", "your",
and "Entrant") unconditionally accept and agree to comply with and
abide by these Official Rules and the decisions of the Sponsor.
- Eligibility:
Contest is open only to individuals who: (i) are legal residents of the United
States and living in one of the 50 United States or the District of Columbia
at the time of entry, (ii) are 18 years of age or older at the time of entry;
and (iii) are or become registered members at manga.com at the time of entry.
All federal, state and local laws and regulations apply. Void where prohibited,
taxed or otherwise restricted by law. Employees, officers, directors and representatives
of Sponsor, DeviantART and their respective parent companies, affiliates, subsidiaries,
licensees, service providers, advertising and promotion agencies, those involved
in the production, development, implementation or handling of the Contest, any
agents acting on behalf of the above entities, as well as the immediate family
members (parents, children, siblings, spouses) and/or persons living in the same
household (whether related or not) of each are not eligible to participate in
the Contest or win a prize.
- To Enter: An Entrant may enter the Contest by using
an Internet connection from within the 50 United States or the District of Columbia,
and going to the Website. Only Entrants who are registered members of manga.com
are eligible to enter the Contest. Follow the on-screen instructions, complete
the entry form and submit your entry ("Entry"). Entries must be received
by June 7, 2009. By submitting an Entry to the Contest, you acknowledge and represent
that your Entry is your own creative idea and does not contain any third party
copyrighted material. Entries received by any other means or made after the end
of the Contest Period will not be accepted.
QUALIFIERS: As Entries are received they will be reviewed to determine whether or not they meet the entry requirements. Only those entries that meet all entry requirements will be eligible to be judged. Entry must be in English. Any Entry, in the opinion of Sponsor, found to be fraudulently created, to involve illegal, dangerous or harmful activities, to infringe upon existing rights of others, to be incomplete, damaged, unviewable, obscene, vulgar or offensive, pornographic, libelous, hate speech or otherwise objectionable, in whole or in part, will be disqualified and will not be eligible for entry.
- Procedure
for Awarding Prizes: A panel of judges selected by Sponsor will review and judge
the Entries and, provided a sufficient number of eligible entries are received,
select prize winners. Within 15 days of the end of the Contest Period, a judging
panel will select potential winners based on the following criteria: Creativity
(0-250 points); Originality (0-500) and Appropriateness to the Theme (0-250).
In the event of a tie, winner will be selected based on the highest score in
the Originality category. Participants agree to be bound by these Official Rules
and the decisions of the Sponsor and judges whose decisions are final and binding.
- Description
of Prize(s): Grand Prize (1): 1 year subscription to DeviantArt.com, 1 digital
copy of Manga Studio EX 4 from Smith Micro, and featured placement of the grand
prize winning Entry on manga.com (ARV: $299.00). First Prize (3): 1 digital copy
of Smith Micro’s Manga Studio Debut 4 (ARV; $49.99). All details and other restrictions
of prizes not specified in these Official Rules will be determined by Sponsor
in its sole discretion. Prizes are non-assignable and non-transferable. No cash
alternative or prize substitutions will be allowed, except Sponsor reserves the
right to substitute prize(s) of comparable value if the prizes listed are unavailable
for any reason. In the event there is a discrepancy or inconsistency between
disclosures or other statements contained in any Contest promotional materials
and the terms and conditions of these Official Rules, these Official Rules will
prevail and govern. Each prize winner will be required to sign and return an
Affidavit of Eligibility, a Liability Release, and a Publicity Release (unless
prohibited) (collectively, "Affidavit") or else prize winner will be
disqualified and an alternate winner may be selected.
- General Release: Acceptance
of a prize constitutes winner's permission for Sponsor to use winner's name,
photograph, likeness, voice, biographical information, statements, Contest entry,
Entry, and address (city and state) for advertising and/or publicity purposes
worldwide and in all forms of media now known or hereafter developed, in perpetuity,
without further compensation. Entrants agree that the Sponsor and their respective
officers, directors and employees will not be responsible or liable for any losses,
damages or injuries of any kind resulting from participation in the Contest.
Sponsor is not responsible for incomplete, illegible, misdirected, misprinted,
late, lost, damaged, stolen, or postage-due prize notifications; or for lost,
interrupted, inaccessible or unavailable networks, servers, satellites, Internet
Service Providers, websites, or other connections; or for miscommunications,
failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable
transmissions; or for any technical malfunctions, failures, or difficulties,
printing errors, clerical, typographical or other errors in the offering or announcement
of any prize or in any prize notification documents; or for the incorrect or
inaccurate capture of information, or the failure to capture any information.
In the event of a dispute as to the identity of an Entrant, the entry will be
deemed submitted by the authorized account holder of the e-mail account indicated
during the registration process, provided such account holder must still meet
the eligibility requirements for the Contest. Sponsor reserves the right to modify,
adjust, remove Entrants, or otherwise modify, extend, suspend, or terminate the
Contest or disqualify affected entries, if it determines, in its sole discretion,
that the Contest is technically impaired or corrupted or that fraud or technical
problems, failures or malfunctions or other causes beyond Sponsor's control have
destroyed or severely undermined or to any degree impaired the integrity, administration,
security, proper play and/or feasibility of the Contest as contemplated herein.
These Official Rules cannot be modified or amended in any way except in a written
document issued in accordance with law by a duly authorized representative of
Sponsor. The invalidity or unenforceability of any provision of these Official
Rules will not affect the validity or enforceability of any other provision.
In the event that any provision is determined to be invalid or otherwise unenforceable
or illegal, these Official Rules will otherwise remain in effect and will be
construed in accordance with their terms as if the invalid or illegal provision
were not contained herein.
- Ownership of Entries: Entrants retain ownership to
Entries submitted for inclusion into the Contest. However, by submitting an Entry,
you hereby grant Sponsor and its affiliates the following worldwide, royalty-free,
non-exclusive, sublicensable and transferable rights and licenses:
a. to host, cache, store, archive, index, crawl, create algorithms based on, modify or transcode your Entry to appropriate media formats, standards or mediums as part of the Contest;
b. to use, distribute, reproduce, modify, excerpt, publicly perform and publicly display your Entry on the Website, on any Sponsor property or in connection with any distribution or syndication arrangement thereof with third parties or third-party sites, in any media format or medium and through any media channels; and
c. to use your Entry for and in connection with advertising, promotional or commercial purposes, including without limitation, the right to publicly display, perform, reproduce and distribute your Entry in any media format or medium and through any media channels.
Sponsor reserves and has the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your Entry, and Sponsor will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these Official Rules obligates or may be deemed to obligate Sponsor to sell, license or offer to sell or license any advertising, promotion or distribution rights.
Entrants may request at any time that there Entry be removed from the Contest and the Website, provided that once such request is received the Entry will no longer be eligible for a prize under the Contest. The foregoing licenses granted by you shall terminate once you request removal or deletion of tour Entry from the Website, or Sponsor removes or deletes your Entry.
- Representations and Warranties
/ Indemnification: Each person who enters this Contest represents and warrants
as follows: (a) the Entrant's Entry is wholly original with Entrant and as of
the date of Entry, is not the subject of any actual or threatened litigation
or claim, (b) the Entrant has the right to use any of Entrant's materials included
in the Entry either because they were created by the Entrant, duly licensed by
the Entrant or otherwise, and the Entrant's Entry does not, and exploitation
of the Rights will not, infringe upon or violate the intellectual property rights
or other rights of any other person or entity, and (c) the Entrant's Entry does
not and will not violate any applicable laws, and is not and will not be defamatory,
libelous, pornographic, violent or obscene. Each Entrant hereby agrees to indemnify
and hold Sponsor and DeviantART harmless from and against any and all third party
claims, actions or proceedings of any kind and from any and all damages, liabilities,
costs and expenses relating to or arising out of any breach or alleged breach
of any of the warranties, representations or agreements of Entrant hereunder.
- Nature
of Relationship / Waiver of Injunctive Relief: Each Entrant acknowledges and
agrees that such Entrant will not be entitled to any compensation as a result
of Sponsor's use of the Entrant's Entry or any such similar or identical material
that has or may come to Sponsor from other sources. Each Entrant acknowledges
and agrees that Sponsor does not have and will not in the future have any duty
or liability, direct or indirect, vicarious, contributory, or otherwise, with
respect to the infringement or protection of the Entrant's rights, if any, in
Entrant's Entry. Finally, each Entrant acknowledges that, with respect to any
claim by Entrant relating to or arising out of Sponsor's actual or alleged exploitation
or use of any Entry or other material submitted in connection with the Contest,
the damage, if any, thereby caused to the applicable Entrant will not be irreparable
or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable
relief or in any way enjoin the production, distribution, exhibition or other
exploitation of anything based on or allegedly based on the Entrant's Entry,
and Entrant's rights and remedies in any such event will be strictly limited
to the right to recover damages, if any, in an action at law.
- Privacy: Information
collected in connection with the Contest may be shared with Sponsor's co-promotional
partners and the use of such information by such promotional partners will be
used in accordance with such partners' respective privacy policies. Except as
otherwise contemplated in these Official Rules, such information will be used
in accordance with the Sponsor’s Privacy Policy available at http://www.starzmediadigital.com/privacy/.
- Winners
List: For a copy of the winners list, mail a postage pre-paid, self-addressed,
stamped envelope to: Manga.com, 521 Fifth Ave, STE 1900 NY, NY 10175. All such
requests must be received by June 30, 2009.
- Governing Jurisdiction: ALL ISSUES
AND QUESTION CONERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY
FO THIS OFFICAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN
CONNECTION WITH THE CONTEST WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH
THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE
OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION
OFANY OTHER STATE’S LAW.
- Disputes: Except where prohibited, Entrant agrees that:
(1) any and all disputes, claims and causes of action arising out of or connected
with this Contest or any prize awarded shall be resolved individually, without
resort to any form of class action, and exclusively in the jurisdiction of the
courts of the State of California (and/or the federal court within California);
(2) any and all claims, judgments and awards shall be limited to actual out-of-pocket
costs incurred, including costs associated with entering this Contest, but in
no event attorneys’ fees; and (3) under no circumstances will Entrant be permitted
to obtain awards for, and Entrant hereby waives all rights to claim, indirect,
punitive, incidental and consequential damages and any other damages, other than
for actual out-of-pocket expenses, and any and all rights to have damages multiplied
or otherwise increased.
- SPONSOR: Starz Media, LLC, 2950 North Hollywood Way, Burbank, CA 91505.
